City of Fargo v. Brennan

MESCHKE, Justice.

John B. Brennan appealed his conviction of disorderly conduct, urging that he was punished for political speech. Like the trial court, we conclude that Brennan’s “conduct in encroaching and invading [someone’s] personal zone of privacy and waving his hands” close to that person was “threatening behavior and ... physically offensive,” and thus not protected by the Free Speech Clause. Therefore, we affirm Brennan’s conviction.

Susan Charon was assistant administrator of Fargo Women’s Health Organization, a clinic that performed abortions and was frequently targeted by…